Maryland Releases FAQs on Wage Range Transparency Act

The Maryland Department of Labor has released frequently asked questions (FAQs) for employers on the state's Wage Range Transparency Act.

The legislation, which took effect last month, mandates that employers disclose certain information in job postings, including a clear pay range, available benefits, and additional compensation details.

Here are some highlights:

What does the Wage Range Transparency law require?

The law requires that an employer provide certain information in an internal or external job posting including:

1. The pay range, including the minimum and maximum wage;
2. General description of the benefits; and
3. Any other compensation elements offered for the position. The requirement applies whether the employer posts the position directly or through a third party.

Is there a sample form that employers can use to ensure they are satisfying the requirements of the law?
Yes, the Commissioner of Labor and Industry has created a template that employers may choose to utilize. See the compensation disclosure template. The use of the template is completely voluntary. However, use of a properly completed template will satisfy the employer's legal obligation to provide the required disclosures.

How long is an employer required to keep a record of compliance with this law?
An employer is required to keep a copy of record of compliance for each position for at least 3 years after the position was filled, or if the position is not filled, for at least three years from the date that the position was posted.

What are the penalties for a violation of the wage range transparency law?
If the Commissioner of Labor and Industry determines that an employer has violated the law, the Commissioner has the authority for a first violation to issue an order compelling compliance for the first violation. For a second violation, the Commissioner may assess a civil penalty for up to $300 for each employee or applicant for whom the employer is not in compliance.

For each subsequent violation, the Commissioner may assess a civil penalty of up to $600 for each employee or applicant for whom the employer is not in compliance if the violation has occurred within 3 years after a previous determination that a violation has occurred.

Read the Maryland Department of Labor's frequently asked questions.